RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-01331
		COUNSEL: NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (undesirable) 
discharge be upgraded to general (under honorable conditions).

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APPLICANT CONTENDS THAT:

He made a mistake as a youth and would like to clear his record.

He has no other charges in the past 50 years.  He would like to 
be buried with a discharge other than undesirable.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 11 Jul 60, the applicant enlisted in the Regular Air Force 
and was progressively promoted to the grade of airman third 
class.

On 10 Feb 61, the applicant was notified by his commander that 
he was recommending his discharge from the Air Force for 
misconduct.  The specific reason for this action was on 3 Feb 
61, the applicant was found guilty in a civil court for an 
offense which the maximum punishment under the Uniform Code of 
Military Justice (UCMJ) was confinement in excess of one year.  

The applicant acknowledged receipt of the notification of 
discharge and, after consulting with counsel, requested that his 
case be heard by a Board of Officers, and that he be permitted 
to appear before the board. 

On 20 Feb 61, a Board of Officers convened and found the 
applicant was subject to discharge for misconduct – for a civil 
court disposition.  The Board recommended the applicant be 
discharged from the Air Force with an undesirable discharge.

The Staff Judge Advocate reviewed the case and found it legally 
sufficient to support the findings and recommendations of the 
Board and recommended the applicant receive an undesirable 
discharge.  

The discharge authority approved the separation and on, 30 Mar 
61, he was discharged under the provisions of AFR 39-22, 
Disposition of Individuals Convicted by Civil Court, with service 
characterized as under other than honorable conditions 
(undesirable).  He served a total of 8 months and 10 days of 
active duty service.

A copy of a Federal Bureau of Investigation (FBI) report, 
provided pursuant to the Board’s request, contained no entries 
subsequent to the applicant’s discharge (Exhibit C).

On 22 Jul 11, the AFBCMR staff offered the applicant an 
opportunity to provide information pertaining to his activities 
since leaving the service (Exhibit D).

The applicant responded with a personal letter and two character 
reference letters.

The applicant’s complete response, with attachments, is at 
Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  After a 
thorough review of the evidence of record and the applicant’s 
submission, we are persuaded relief is warranted in this case.  
While we found no evidence of an error or injustice with regards 
to the discharge processing, and it appears the discharge was 
consistent with the substantive requirements of the discharge 
regulation and was within the commander's discretion.  
Nevertheless, we recognize the adverse impact of the applicant’s 
undesirable discharge; and, while it may have been appropriate 
at the time, we believe it would be an injustice for him to 
continue to suffer its effects.  Based on the character 
reference letters submitted in his behalf, it appears the 
applicant has been a responsible citizen and productive member 
of society since leaving the service.  Therefore, we believe an 
upgrade of his discharge to general (under honorable conditions) 
is warranted on the basis of clemency.  Accordingly, we 
recommend that his records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 30 
March 1961, he was discharged with service characterized as 
general (under honorable conditions).

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The following members of the Board considered AFBCMR Docket 
Number BC-2011-01331 in Executive Session on 1 Sep 11, under the 
provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 10 Apr 11.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation, dated 12 Jul 11.
     Exhibit D.  Letter, SAF/MRBC, dated 22 Jul 11.
     Exhibit E.  Letter, Applicant, dated 14 Aug 11, w/atchs.